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Adjudication

Conciliation

Conciliation is a method of resolving conflict between disputing parties through the recommendations of an experienced conciliator. The process differs from mediation in that the conciliator will actively propose settlement terms. Conciliation is an effective tool which can help to restore a professional relationship.

Davies and Davies are highly-experienced in the conciliation process, taking a tailored approach to recommend a settlement that best meets the requirements of disputing parties. We work to identify and interpret grievances, and promote an improved relationship between parties through a mutually acceptable resolution.

Why choose Conciliation?

  • A conciliator may be brought in to help settle a dispute when all parties involved believe it to be a workable approach
  • Conciliation is a relatively short process, usually lasting between six to twelve weeks
  • By reaching an agreement through conciliation, parties can expect to prevent a legal trial which could prove lengthy and costly in the long run
  • Conciliation differs from mediation in that the conciliator will actively propose an optimal resolution following an assessment of the respective grievances, alongside the contractual agreement

The format

In a standard conciliation process, parties will begin by delivering opening statements to the conciliator. The conciliator will then seek to facilitate a settlement between the disputing parties. If the parties cannot successfully agree on a settlement, the conciliator will make a recommendation which the parties will have a limited time period to accept or reject.

Any written record of a settlement reached will be signed on behalf of the parties, and will become binding.

If the conciliator’s settlement proposal is rejected, the confidentiality of the conciliation procedure will be respected by all parties, and neither any part of the process nor the conciliator can be brought into ensuing legal proceedings.

The Costs

In a standard conciliation process, parties will begin by delivering opening statements to the conciliator. The conciliator will then seek to facilitate a settlement between the disputing parties. If the parties cannot successfully agree on a settlement, the conciliator will make a recommendation which the parties will have a limited time period to accept or reject.

Any written record of a settlement reached will be signed on behalf of the parties, and will become binding.

If the conciliator’s settlement proposal is rejected, the confidentiality of the conciliation procedure will be respected by all parties, and neither any part of the process nor the conciliator can be brought into ensuing legal proceedings.

Differences between Conciliation and Mediationn

Although more formal, Conciliation is similar to Mediation save that the main difference between the two occurs when the process breaks down for example:

  • if the conciliator considers it unlikely that a settlement will be reached, or
  • a party refuses to abide by the conciliator's instruction, or
  • either party intimates that they don't wish to proceed towards a negotiated settlement.

then, unlike a Mediator, the Conciliator can prepare a recommendation recording the Conciliator's solution. Some forms of Conciliation continue to provide that in the event a recommendation is provided and neither party dissents from it within a specified period of time from the date of its issue either by referring the dispute to a formal dispute resolution procedure, then the recommendation becomes final and binding upon the parties.

Contact us to discuss your requirements or call +44 (0)800 840 4025

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